[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Notices]
[Pages 28646-28647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13427]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Exemption or Waiver of Compliance
In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby
given that the Federal Railroad Administration (FRA) has received
requests for exemptions from or waivers of compliance with requirements
of its safety standards. The individual petitions are described below,
including the party seeking relief, the regulatory provisions involved,
and the nature of the relief being requested.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number LI-95-3)
and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, Federal Railroad Administration, Nassif Building, 400
Seventh Street, SW., Washington, DC 20590. Communications received
within 45 days of the date of publication of this notice will be
considered by FRA before final action is taken. Comments received after
that date will be considered as far as practicable. All written
communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) in Room 8201,
Nassif Building, 400 Seventh Street, SW., Washington, DC 20590.
The individual petitions seeking an exemption or waiver of
compliance are as follows:
Union Pacific Railroad Company (UP), Chicago and North Western Railway
Company (CNW) (Waiver Petition Docket Number LI-95-5)
Union Pacific Railroad Company (UP) and Chicago and North Western
Railway Company (CNW) jointly seek a temporary waiver of compliance
with certain provisions of the Locomotive Safety Standards (Title 49
CFR Part 229) for certain locomotives. UP/CNW are seeking relief from
the requirements of Secs. 229.5 and 229.135 that all trains operating
over 30 mph shall be equipped with an event recorder that records cab
signal indications, when equipped with cab signals, by May 5, 1995. UP/
CNW requests an extension of 12-months.
The Locomotive Safety Standards were revised on July 8, 1993, to
require each lead locomotive of trains operating over 30 mph to be
equipped with an event recorder by May 5, 1995. An event recorder, by
definition, shall record cab signal aspects where the locomotive is so
equipped. UP/CNW each have cab signal systems, however, the two systems
are not compatible. Locomotives which operate jointly in cab signal
territory on both railroads are equipped with both types of cab signals
but record only the cab signal aspect of the owning railroad. If a CNW
locomotive operates in the lead position when in UP cab signal
territory, the train will be under the control of the cab signals,
however, the aspects will not be recorded. Likewise, if a UP locomotive
is in the controlling position when operating in CNW cab signal
territory, the signal aspect will not be recorded.
To record both cab signal systems will require extensive
modifications. UP/CNW have been working on a resolution to the issues,
however, they will not have a solution in place by the May 5
requirement deadline. To permit the necessary time to resolve certain
issues and complete the modifications in a manner that is efficient,
reasonably economical and, above all, safe, UP and CNW request a
temporary waiver until May 5, 1996.
National Railroad Passenger Corporation (Amtrak) (Waiver Petition
Docket Number LI-95-3)
The National Railroad Passenger Corporation (Amtrak) seeks waivers
of compliance with certain provisions of the Locomotive Safety
Standards (Title 49 CFR Part 229) for their locomotives. Amtrak is
seeking relief from the requirements of Sec. 229.5 which requires that
locomotive event recorders record the direction of motion and from
Section 229.135 which requires that all trains operating over 30 mph
shall be equipped with an event recorder by May 5.
The Locomotive Safety Standards were revised on July 8, 1993, to
require each lead locomotive of trains operating over 30 mph to be
equipped with an event recorder by May 5. The railroad states that
although material is on hand to equip all of their passenger
locomotives, the seven to ten days out-of-service time required for
each installation will extend the completion date beyond the May 5
deadline. Thirty switcher locomotives used in work train service must
also be equipped since they operate over 30 mph. Amtrak is requesting a
24-month extension to bring all recording systems into compliance.
Section 229.5 specifies the parameters which must be recorded by
the event recorders. Amtrak does not record the direction of motion on
their passenger locomotives, as required, since these locomotives
almost never operate only in the reverse direction on mainline track.
With the limited capacity of recorders, Amtrak feels that other
parameters (such as horn or alertor cutout) are more important to their
operation. Therefore, Amtrak is requesting a waiver from the
requirement to record direction of motion on their passenger
locomotives. The 30 switcher locomotives will be in full compliance
with the regulation. The railroad estimates it would cost approximately
$500 per locomotive to retrofit the direction feature to their
recorders.
Crab Orchard and Egyptian Railroad (COER) (Waiver Petition Docket
Number RSGM-95-6)
The Crab Orchard and Egyptian Railroad (COER) seeks a permanent
waiver of compliance with certain provisions of the Safety Glazing
Standards (Title 49 CFR Part 223) for one locomotive. The locomotive is
an EMD Model SW-1 switcher built in 1953 and is presently equipped with
safety glass. The railroad has upgraded the recently purchased
locomotive to FRA standards; however, it indicates that it has been
unable to secure the exact glass and hardware to comply with Part 223.
The COER operates on approximately 15 miles of track in rural southern
Illinois. The railroad states [[Page 28647]] there have been no
incidents of vandalism regarding glazing.
C&S Railroad Corporation (CSKR) (Waiver Petition Docket Number RSGM-95-
7)
The C&S Railroad Corporation (CSKR) seeks a permanent waiver of
compliance with certain provisions of the Safety Glazing Standards
(Title 49 CFR Part 223) for one locomotive. The locomotive, STRT 11, an
EMD 900 HP switcher built in 1937, is currently covered by waiver
Docket Number RSGM-88-19 on the Stewartstown Railroad. The locomotive
will be transferred to operate on CSKR. The CSKR operates on
approximately 18 miles of track between Packerton Junction, Jim Thorpe
and Haucks, Pennsylvania. Maximum track speed is 15 mph through the
mostly rural area. The locomotive will be used approximately once per
week.
Issued in Washington, D.C. on May 25, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 95-13427 Filed 5-31-95; 8:45 am]
BILLING CODE 4910-6-P